Agendas, reports and minutes

North Planning Applications Committee

Date: Tuesday, 18 February 2014

Minutes: Read the minutes

Minute of the site inspection meeting of the North Planning Applications Committee held on 17 February, 2014 Site Visit Route Map (911kb pdf) and the scheduled meeting held in the Council Chamber, Council Headquarters, Glenurquhart Road, Inverness on Tuesday, 18 February, 2014 at 10.30 am.

Committee Members Present:

 Site Inspection Meeting on 17 February:

Mrs G Coghill, Mr B Fernie, Mr M Finlayson, Mr D Mackay, Mrs A MacLean, Mrs M Paterson, Mr G Philips, Mrs A Sinclair and Ms M Smith.    
Scheduled Meeting on 18 February:

Mrs I Campbell (excluding item 5.1), Mr D Bremner (items 6.3 – 6.10), Mrs G Coghill, Mr B Fernie, Mr M Finlayson (excluding items 6.9 and 6.10), Mr C Fraser (excluding item 5.1),  Mr D MacKay (excluding item 6.9 and 6.10), Mrs A MacLean, Mrs I McCallum (excluding item 5.1), Mr D Millar (excluding items 5.1, 6.5 and 6.8), Mrs M Paterson, Mr G Phillips (excluding items 6.7 – 6.10), Mr I Renwick (excluding item 5.1), Mr A Rhind (excluding item 5.1), Mrs A Sinclair and Ms M Smith (excluding items 6.1 and 6.10). 

Non Committee Members Present:

 Scheduled Meeting on 18 February:

Dr I Cockburn
Mr R Saxon

Mr R Greene

Officials in attendance:
Site Inspection Meeting on 17 February:
Mr A Mackenzie, Legal Manager (Regulatory Services) and Clerk 
Mr K McCorquodale, Principal Planner 
Mr S Hindson, Planner
Mrs A MacArthur, Administrative Assistant
Scheduled Meeting on 18 February:
Mr A Mackenzie, Legal Manager (Regulatory Services) and Clerk 
Mr D Jones, Area Planning Manager North
Mr D Mudie, Team Leader, Development Management
Mr M Harvey, Team Leader 
Ms D Stott, Principal Planner
Mr K McCorquodale, Principal Planner
Mrs R Hindson, Planner 
Ms G Webster, Planner
Mr C Stewart, Area Roads and Community Works Manager
Mr C Kemp, Area Roads and Community Works Manager
Mrs A MacArthur, Administrative Assistant 
Mrs T Bangor-Jones, Administrative Assistant
Also in attendance:
Site Inspection Meeting on 17 February:  
For the Applicant: S Noiche, S Dooley and A Russell 
Supporter: R Meeres
Objectors: K Gunn, D Graham, J Bannister, M O’Reilly and J Ross.
Business
Mrs Isobel McCallum in the Chair (excluding item 5.1)
The Chairman confirmed that the meeting would be filmed and broadcast over the
Internet on the Highland Council website and would be archived and available for

viewing for 12 months.

1. Apologies 
Leisgeulan
Site Inspection Meeting on 17 February: 
Apologies were intimated on behalf of Mrs I Campbell, Mr D Bremner, Mr G Farlow, Mr C Fraser, Mrs I McCallum, Mr D Millar, Mr I Renwick and Mr A Rhind.
Scheduled Meeting on 18 February: 

Apologies were intimated on behalf of Mr G Farlow

.

2. Declarations of Interest 
Foillseachaidhean Com-pàirt
Item 6.1 – Ms M Smith (non-financial interest as a member of the Board of Albyn Housing Society Ltd) 

Item 6.8 – Mr D Millar (non-financial interest as he was a fellow Director with one of the objectors)

3. Confirmation of Minutes
Dearbhadh a’ Gheàrr-chunntais

There had been submitted for confirmation as a correct record the minute of the meeting of the committee held on 14 January 2014 which was APPROVED.

4. Major Applications
Iarrtasan Mòra
There had been circulated Report No PLN-009-14 (76kb pdf) by the Head of Planning and Building Standards providing a summary of all cases within the “Major” development category currently with the Planning and Development Service for determination.
Members had the following concerns:
•Mr R Saxon: Tesco development, Thurso – the land was in a derelict state and Tesco should be pushed to come forward with a planning application ; 
•Mrs M Paterson: Kinnairdie Link Road – the report stated that this would come to the March 2014 meeting and was this still the case; 
•Mr A Rhind: Ross Estates Company – the report stated that TECs now had the Transport Assessment.  Could the Assessment be made available to the community and could clarification be given on who had appointed the consultant for the Transport Assessment; 
•Mr D Millar: Portree Retail Supermarket – in relation to the outstanding consultation comments on the transport assessment could an update be given?
Mr D Mudie stated that progress was slow with the Tesco application.  A meeting had been held with developers on Friday and they were interested in developing this site.  There had been ongoing discussion over one of the conditions attached to the application.  The application should come forward within the next two committee cycles.  
Mr D Jones advised the matter was being progressed for Kinnairdie Link Road and it was hoped this application would come to the next Committee failing which it would be bought forward as soon possible. 
Mr C Stewart stated that there was still ongoing discussion over one or two technical points in relation to the Ross Estates Company application and once these had been accepted the document would be made public.  He further advised that the consultants had been appointed by the Council and would be paid for by Network Rail.
In regard to the Portree Retail Supermarket, Mr D Mudie confirmed that the letter referred to in the report had been sent and once a response had been received there would be further consultations. 

The Committee NOTED the report.

5. Continued Items 
5.1 Applicant:   Wind Prospects Developments Ltd (13/02749/FUL) (Site Visit Route Map  | PLN-003-14 Part 1  | PLN-003-14 Part 2 )
Location:  1,600 m west of Craggiemore, Tressady Estate, Rogart (Ward 5)
Nature of Development:  Wind farm (32.5 MW) consisting of 13 turbines, max tip height of 115 m, and associated infrastructure  
Recommendation:  Grant. 
Mrs G Coghill, Mr B Fernie, Mr M Finlayson, Mr D Mackay, Mrs A MacLean, Mrs M Paterson, Mr G Phillips, Mrs A Sinclair and Ms M Smith had attended the site visit on the 17 February 2014 and could take part in this item.  The remaining members left the room.   In the absence of the Chair, Mrs A Sinclair chaired this item.
There had been circulated Report No PLN/003/14 by the Head of Planning and Building Standards recommending the grant of the application subject to the conditions detailed therein.
The committee had held a site inspection on 17 February 2014 in relation to this item. The site inspection viewed the site from various viewpoints.  At each stop Mr K McCorquodale spoke to his Report and pointed out physical features relevant to the application and those representing the Applicant and Objectors were given the opportunity to point out physical features relevant to the application.  An additional stop was made at an objector’s house between viewpoint 1 and 2 following a request by an objector.  
Mr K McCorquodale gave the following updates following the site inspection:
  • At the additional stop after viewpoint 1, the house of an objector, members had asked how far it was to the nearest turbine.  The house was 2.6 km to the nearest turbine 
  • At Knockarthur the house was 2.4 km from the nearest turbine 
  • At Kilbraur the house was 2.2 km from the nearest turbine and the house in front to the east was 2 km from the nearest turbine
  • Between viewpoints 4 and 5 members will recall seeing a man with a placard on the road.  Unfortunately on returning to the office Mr McCorquodale had received an email from Dr Gilchrist asking that the coach stop at this point.   Mr McCorquodale apologised to Dr Gilchrist but his comments were clear from his placard “enough is enough”
  • Further representations had been received, 6 in support and 33 against the development.

Members had the following concerns: 

  •  Dr Gilchrist had wanted members to stop to see the site of the proposed borrow pit and note that if this was consented it would increase the volume of traffic on the road
  • The ability of the roads to support construction traffic although it was noted that this would be dealt with under condition
  • The cumulative impact with the close proximity of Kilbraur, Gordonbush and the various wind farms listed in the report both consented and existing
  • The photomontages presented originally at committee on the 14 January did not show the settlement at Rogart with the surrounding houses and their close proximity to the wind farm, members had benefitted from the site visit
  • The visual impact would be detrimental to the properties and the surrounding community which would be contrary to Policies 67 and 28 of the Local Development Plan
  • This area had reached saturation point with turbines 

Following discussion, Mr G Phillips, seconded by Mrs M Paterson moved refusal of the application for the following reasons: 
The proposal, if implemented, would be contrary to Policy 67 (Renewable Energy Developments) and Policy 28 (Sustainable Design) of the adopted Highland Wide Local Development Plan as the visual effects of the development would be significantly detrimental to the properties/communities within a 7-10 km radius of the site and would result in a dominant visual feature when viewed alongside the consented Wind Farm at Kilbraur and especially by virtue of the proximity of the proposed development to residential properties at Knockarthur, East Langwell and West Langwell.
Mr B Fernie, seconded by Mrs A MacLean moved as an amendment the recommendation to approve the application.
For the Motion (7)
Mrs G Coghill, Mr M Finlayson, Mr D Mackay , Mrs M Paterson, Mr G Phillips, Mrs A Sinclair and Ms M Smith.
For the Amendment (2)
Mr B Fernie and Mrs A MacLean.

The motion therefore became the finding of the meeting and the Committee AGREED to refuse the application for the reason stated. 

6. Planning Applications to be Determined
Iarrtasan Dealbhaidh rin Dearbhadh

Ms M Smith declared a non-financial interest as a member of the Board of Albyn Housing Society Ltd and left the room for item 6.1 following.

6.1  Applicant:  Albyn Housing Society Ltd (13/01962FUL) (PLN-010-14 )
Location:  Land opposite 11-14 Ross Crescent and 12-14 Drovers Way, Milton (Ward 8)
Nature of Development: Change of use of communal areas of ground to provide private garden ground/car parking for 11-14 Ross Crescent and 12 and 14 Drovers Way
Recommendation:  Grant
There had been circulated Report No PLN/010/14 by the Area Planning Manager recommending the grant of the application subject to the conditions detailed therein.  

The Committee AGREED the recommendation. 

6.2  Applicant:  Mr Jamie Stone (13/04565FUL) (PLN-011-14 )
Location:  Knockbreck House, Tain (Ward 8)
Nature of Development:  Erection of garage 
Recommendation:  Grant
There had been circulated Report No PLN/011/14 by the Area Planning Manager recommending the grant of the application subject to the conditions detailed therein.

The Committee AGREED the recommendation.

6.3  Applicant:  Mr and  Mrs A Mackay (13/03861FUL) (PLN-012-14 ) 
Location:  2 Lower Pitkerrie, Fearn, Tain, IV20 1TR (Ward 8)
Nature of Development:  Demolition and replacement of 2No. single storey extensions – one of approximately 26m² (kitchen) being replaced by a dining room of approximately 23.5m² and one of approx. 14m² (sun room) being replaced by a much larger principal elevation projection of approx. 104m². 
Recommendation:  Refuse
There had been circulated Report No PLN/012/14 by the Area Planning Manager recommending the refusal of the application for the reasons detailed therein. 
Members had the following concerns: 
•Members had sympathy with the applicants who had had a breakdown in communication with the Planning Service; 
• he Planning Service had not recommended an extension from the front of the house, but the applicant was against an extension to the left as it would affect sunlight to the rest of the house and on the right there was a steep incline; 
•No pre-application advice had been sought by the applicant; 
•This design would detract from the design of the existing house and was incongruous.  
There followed discussion on whether to defer or refuse the application.  
Mrs I McCallum, seconded by Mrs A Sinclair moved the recommendation.  

There being no amendment, the Committee AGREED the recommendation.

6.4  Applicant: Jeannie Sutherland (13/04402/FUL) (PLN-013-14 )
Location:  Erection of House, Land north of Marham, Academy Street, Brora (Ward 5)
Nature of Development:  Erection of new house and access, siting of residential caravan to use during construction work.
Recommendation:  Grant 
There had been circulated Report No PLN/013/14 by the Area Planning Manager recommending the grant of the application subject to the conditions detailed therein.
Members discussed an additional condition to restrict windows on the north and south elevations in line with a previous application for this site and to protect the neighbours’ privacy in the future.

The Committee AGREED the recommendation with an additional condition to remove the permitted development rights for windows on the north and south elevations.

6.5  Applicant: Mrs J Mackenzie (13/03989/FUL) (PLN-014-14 )
Location:  Land South of 17 Marine Park, North Kessock (Ward 10)
Nature of Development:  Erection of House 
Recommendation:  Grant 
There had been circulated Report No PLN/014/14 by the Area Planning Manager recommending the grant of the application subject to the conditions detailed therein.
Members had the following concerns:
  • The proximity to the flood risk area; had the flood risk assessment been done by the council or by SEPA
  • Could the required visibility splays be achieved from this site
  • This house would be shoehorned into a site that was never intended for development
  • The house would cause overcrowding in the area
Mr D Jones stated that consideration of flooding concerns had been done by SEPA as the qualified authority. The planned floor level had been raised and SEPA were now satisfied that this area was free of flood risk, although this was no guarantee.  The site was a challenging site and the designers had been guided by the houses in the area and had designed the house relative to the size and positioning of other houses in the area.  The visibility splays could be met.
Mrs I McCallum, seconded by Mr C Fraser moved refusal of the application for the following reason: 
Policy 28 Sustainable Design:
That this development contradicts the requirements of Policy 28 -
1.Impacts on individual and community residential amenity. 
2.Does not demonstrate sensitive siting in keeping with the local character.
in terms of the scale and massing relative to the plot size which represented overdevelopment.
Ms M Smith, seconded by Mr B Fernie moved as an amendment that the recommendation be agreed.  
For the Motion (8) 
Mrs I Campbell, Mrs G Coghill, Mr M Finlayson, Mr C Fraser, Mr D Mackay, Mrs I McCallum, Mr A Rhind and Mrs A Sinclair.
For the Amendment (6)
Mr D Bremner, Mrs B Fernie , Mrs A MacLean, Mrs M Paterson, Mr G Phillips and Ms M Smith.

The motion therefore became the finding of the meeting and the Committee AGREED to refuse the application for the reason stated.

6.6  Applicant:  Coigach Wind Power Ltd (13/02582/FUL) (PLN-015-14 )
Location:  Land to north of Water Treatment Works Achvraie, Achiltibuie
(Ward 6)
Nature of Development:  Erection of 900kw wind turbine on 55m tower, height to tip 77m, blade diameter 44m, control building, access track and borrow pit
Recommendation:  Grant. 
There had been circulated Report No PLN/015/14 by the Area Planning Manager recommending the grant of the application subject to the conditions detailed therein.  
Members discussed the colour of the turbine and questioned whether a darker colour would sit better against the hills. 
The Committee AGREED the recommendation subject to amending condition 1 by deleting the words “which should be non-reflective pale grey semi-matt”. 

Mr G Phillips requested that officials looked into the background of the pale grey colour recommended for wind turbines and bring this information back to members. 

6.7  Applicant: The Tartan Company  (13/04276/FUL ) (PLN-016-14 )
Location:  Dunvegan Shop, Dunvegan, Isle Of Skye IV55 8WA (Ward 11)
Nature of Development:  Change of use of shop/newsagent to cafe/shop/tearoom. Plus hot food takeaway and alcoholic drinks.
Recommendation:  Grant 
There had been circulated Report No PLN/016/14 by the Area Planning Manager recommending the grant of the application subject to the conditions detailed therein.
The Committee AGREED the recommendation.

Mr D Millar declared a non-financial interest as a fellow director with one of the objectors and left the room for item 6.8 following.

6.8  Applicant: Mr Denys Greenhow (13/04226/FUL) (PLN-017-14 )
Location:  Land 110M SW Of 13 Lower Milovaig, Glendale (Ward 11)
Nature of Development:  Erection of 10kW wind turbine (18.5m to hub, 22.25m to tip), underground cable and electrical cabinet.  
Recommendation:  Grant
There had been circulated Report No PLN/017/14 by the Area Planning Manager recommending the grant of the application subject to the conditions detailed therein. 
Members had the following concerns:
  • The turbine was in an elevated position and would have a detrimental visual impact on the surrounding area.  The seaward views to the north and west had been designated as a special landscape area
  • The development would cause damage to the road
  • Did the Development Plan include development of wind turbines in this area
  • This application if approved would set a precedent in this area
  • Did the owners of Lon Ban object to the application
  • Could a lower site be considered where the winds were not so high and there would be no risk of damage to the turbines?  In a reduced site there would also be less visual and noise impact
Mr M Harvey confirmed that the owners of Lon Ban had objected to the application.  The owners of 13 Milovaig were the applicants.   The Development Plan renewable policy 67 was considered to apply and there was heavy weight from national policy on this type of development.   The turbine chosen could withstand the high winds as it met the standard.  
Mrs I McCallum, seconded by Mr C Fraser moved the recommendation.
Mr I Renwick, seconded by Mrs M Paterson moved as an amendment that the application be refused for the following reason: 
The application is considered contrary to Policy 61.  There is a detrimental visual impact on five neighbouring households and he disagreed with the planning officer’s opinion due to the height, position and visual impact on nearby housing.
For the Motion (9) 
Mrs I Campbell, Mrs G Coghill, Mr B Fernie, Mr D Mackay, Mrs A MacLean, Mrs I McCallum, Mr A Rhind, Mrs A Sinclair and Ms M Smith.
For the Amendment (5)
Mr D Bremner, Mr M Finlayson, Mr C Fraser, Mrs M Paterson and Mr I Renwick.

The motion therefore became the finding of the meeting and the Committee AGREED the recommendation. 

6.9  Applicant:  Wind Harvest Ltd (13/02682/FUL) (PLN-018-14 Part 1  | PLN-018-14 Part 2 
Location:  Land 978m SE of Lochend Holding, Barrock, Caithness
(Ward 4)
Nature of Development:  Erection of 4 no. 2300kw wind turbines with a height to tip of 99.5m, height to hub of 64m, rotor diameter of 71m and associated infrastructure 
Recommendation:  Refuse
There had been circulated Report No PLN/018/14 by the Area Planning Manager recommending the refusal of the application for the reasons detailed therein.
Members discussed the visuals that had been submitted by the applicant. 
Mrs M Paterson, seconded by Ms M Smith moved that determination of the application be deferred to allow submission of photomontages of a number and quality in line with Council guidelines.
Mr B Fernie, seconded by Mr D Bremner moved as an amendment that the set of visuals provided be passed around the committee and the application heard. 
For the Motion (7) 
Mrs G Coghill, Mr C Fraser, Mrs I McCallum, Mr D Millar, Mrs M Paterson, Mr I Renwick and Ms M Smith.
For the Amendment (6)
Mr D Bremner, Mrs I Campbell, Mr B Fernie, Mrs A MacLean, Mr A Rhind and Mrs A Sinclair.
The motion therefore became the finding of the meeting and the Committee AGREED to defer consideration of this item to allow submission of photomontages of a number and quality in line with Council guidelines.

6.10  Applicant: Dornoch Developments Ltd per GH Johnston Building Consultants Ltd. (13/04185/FUL) (PLN-019-14 Part 1 | PLN-019-14 Part 2  | PLN-019-14 Part 3 )

Location:  Royal Golf Hotel, Grange Road, Dornoch IV25 3LG (Ward 5)
Nature of Development:  Erection of 33No holiday apartments 
Recommendation:  Grant 
There had been circulated Report No PLN/019/14 by the Area Planning Manager recommending the grant of the application subject to the conditions detailed therein. 

The Committee AGREED the recommendation. 

There being no further business the meeting closed at 2.50 pm.



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